First DUI Court Date: What if the Blood Isn’t Back?

In Tennessee DUI Cases, police often get blood from people arrested for DUI offenses. In certain cases, a driver refuses to give blood. Sometimes, the officer proceeds with the arrest without blood. Other times, the officer gets a warrant and has the blood drawn by force. In summary, the state has blood from the driver in most DUI cases.

Often, people arrive at their first DUI court date to find out that the state does not know their blood alcohol level, or BAC. I am often asked what happens at my first court date if my bloodwork isn’t back and the answer is quite simple.

In Rutherford County Criminal Cases, including DUI Cases in Murfreesboro, each side gets one “reset” from the court, which just means the court would pick another court date several weeks or months down the road. Each side gets one reset by right. Often, the state uses their reset to wait for evidence and a defendant uses his reset to find an attorney. However, there are plenty of reasons to use a reset.

The most common question about bloodwork at a first court date for DUI is whether the case will be dismissed because the bloodwork is not back from the lab. The short answer is no, based at least in part on what is said above– that each side gets to ask the court to reset the case at least once.

If you get to your first DUI court date and your bloodwork is not back, it is alright to ask the court to dismiss your case, but the court will likely just select a new court date. Use that time to your advantage! Learn more about your case, consult with an attorney, or, if you already have an attorney, let your attorney use that time to prepare.

Tennessee DUI: How do I get a SCRAM Bracelet Removed?

If you are arrested for a second or greater DUI in Tennessee and later bond out of jail, a judge can order you to wear an alcohol monitoring device, known as a SCRAM bracelet, around your ankle. We are often asked “how can I get the SCRAM bracelet removed?”

Tennessee DUI law requires that a court consider placing one of the following conditions on anyone who is arrested for a second or greater DUI and later bonds out of jail:

  1. The use of ignition interlock devices;
  2. The use of transdermal monitoring devices or other alternative alcohol monitoring devices;
  3. The use of electronic monitoring with random alcohol or drug testing; or
  4. Pretrial residency in an in-patient alcohol or drug rehabilitation center.

The most common condition given to someone who bonds out of jail for a DUI is the use of an alcohol monitoring device. However, you can have this device removed if you complete one of the other conditions that courts can apply.

For example, if you check yourself into in-patient alcohol or drug treatment, then the alcohol monitoring device can be removed. Another instance where the alcohol monitoring device can be removed is if you install an ignition interlock device on your vehicle.

In short, a criminal defense attorney can file the required Motion and Order to have your SCRAM bracelet removed, so long as you complete one of the other conditions required by law. Ask a criminal defense lawyer how they can help.

Tennessee Adopts Two New DUI Laws in 2014

Driving under the influence of alcohol is serious business in Tennessee. Not only are those who are behind the wheel affected. Their families are often affected as well because individuals can serve significant time in jail for DUI offenses.

With this in mind, legal representation is key when it comes to DUI matters, as there are several offenses for which people can be charged.

DUI offenses range from Violation of Implied Consent and Refusal to Submit to Blood Alcohol Information, which are misdemeanors, to four-time repeat offenders, whose conviction would be considered a Class E Felony and may contain up to one year of jail time.

More serious DUI offenses also include Child Endangerment, Vehicular Homicide, and Aggravated Vehicular Assault, all of which may occur while driving intoxicated.

In the state of Tennessee, two new laws were adopted this summer that involve the aforementioned topics.

Amelia’s Law
The first new DUI law in Tennessee is named after Maryville’s Amelia Keown, who was killed in a collision by a repeat DUI offender. Under this law, it is possible for any drug/alcohol offender to be monitored daily with a transdermal monitoring device.

DUI Recidivism Reduction Act
The second new DUI law in Tennessee gives the court power to sentence second and third time DUI offenders to substance abuse treatment after serving a designated period of time in jail. This law could ease the overcrowding in jails as drunk drivers are sometimes grouped in the “non-violent” class.

While there are many scenarios that pertain to DUI law, the one constant that remains the same is that sound representation is crucial to all parties involved in a DUI case.